This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com

Darwin the Ikea monkey will not be returning to the custody of his former owner Yasmin Nakhuda, an Oshawa judge has ruled.

In her decision dismissing the lawsuit brought forward by Yasmin Nakhuda, Judge Mary Vallee found that Darwin, who has been living at a primate sanctuary in Sunderland since found roaming through an Ikea parking lot in December, is indeed a wild animal and that “Ms. Nakhuda lost ownership of the monkey when she lost possession.”

Over four days, the trial heard testimony from Nakhuda and her husband, three animal control officers, and the sanctuary’s president, Sherri Delaney.

The court heard that Delaney had received death threats from Nakhuda’s supporters.

Judge Mary Vallee was originally expected to render her verdict within a week of the trial wrapping up in June.

She was tasked with deciding who proved rightful ownership of Darwin – in this case, the monkey was considered a piece of property.

The sanctuary’s lawyer, Kevin Toyne, had argued that because Darwin is a wild animal, the doctrine ferae naturae applies, meaning that his rightful owner is whoever possesses him at the time.

He said the second Darwin made it out of Nakhuda’s car in the Ikea parking lot on Dec. 9, he was no longer hers.

The Nakhuda side argued that the monkey was a domesticated pet, who went everywhere with the family.

“Darwin didn’t look like just any monkey,” said lawyer Ted Charney during his closing arguments. “He was wearing a diaper and a coat. It was clear that somebody owned him.”

Vallee also had to decide whether to accept Nakhuda’s claims that she was “tricked” to sign a surrender form by an animal control officer who threatened her with criminal charges. She testified she was told she would not be able to see the pet again until she signed.

The officer in question testified that he only told her it was illegal to own a monkey in Toronto.

However, an animal services supervisor, Carl Bandow, acknowledged there was nothing in the city’s prohibited animal bylaw that would empower officers to seize the monkey.

Nakhuda came into Darwin’s possession after she paid a Montreal exotic animal seller $5,000. She had initially said he was a gift.

She has refused to visit Story Book Farm because she said she believes it will cause the monkey psychological damage.

More from the Toronto Star & Partners

LOADING

Copyright owned or licensed by Toronto Star Newspapers Limited. All rights reserved. Republication or distribution of this content is expressly prohibited without the prior written consent of Toronto Star Newspapers Limited and/or its licensors. To order copies of Toronto Star articles, please go to: www.TorontoStarReprints.com